- 11 U.S.C.
In re Jones
Jan
31
2014
Ruling
Chapter 13 debtor not required to seek court approval to hire special counsel.
Issue(s)
Is debtor required to seek court approval for employ special counsel to pursue an illegal repossession claim against auto finance company?
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Court
:
- 11 U.S.C.
In re Ballard
Nov
05
2013
Ruling
Debtor could hire attorneys with prepetition claim for fees incurred in anticipation of filing case.
Issue(s)
Was attorney debtor sought to employ, who debtor owed prepetition fees, a disinterested person .
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Court
:
- 11 U.S.C.
In re Dawsey
Nov
04
2013
Ruling
Debtor could retain law firm despite failure to pay for prepetition services prior to petition date as the debt was relatively modest and incurred in preparation for filing.
Issue(s)
Was law firm to which debtor owed relatively modest debt, traceable temporally to a short period of time before filing, and confined to activities surrounding preparation of the petition and accompanying papers, disinterested and eligible to represent debto. r
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Court
:
- 11 U.S.C.
In re Premiere Enters. Of Whiteville LLC
Nov
04
2013
Ruling
Firm that represented debtor prior to petition date could represent debtor in bankruptcy provided prepetition fees owed were modest and traceable to period and services related to filing case.
Issue(s)
Was law firm that represented debtor prepetition "disinterested" and eligible to represent debtor in its bankruptcy case.
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Court
:
In re LPN Healthcare Facility Inc.
Sep
10
2013
Ruling
Employment of accounting firm vacated due to lack of disinterestedness.
Issue(s)
Should employment of accounting firm that maintained connections with entities related to debtor, but that performed necessary services, be vacated.
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Court
:
- 11 U.S.C.
In re Hart Oil & Gas Inc.
Aug
02
2013
Ruling
Trustee could not retain law firm that had previously represented debtor.
Issue(s)
Whether a trustee who was appointed to administer an oil and gas company's chapter 11 bankruptcy case should be allowed to hire a law firm that represented the company before the trustee was appointed.
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Court
:
- 11 U.S.C.
In re Swenson
Jul
16
2013
Ruling
Fee application by debtor's attorneys whose employment had not been approved by the court denied.
Procedural posture
A law firm, as counsel for chapter 12 debtor, filed an application for allowance of attorneys' fees and expenses.
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Court
:
In re Barnes
Jul
16
2013
Ruling
Trustee could not employ judgment creditor's attorney as special counsel to pursue related claims.
Procedural posture
A chapter 7 trustee filed an application to employ and attorney and her firm as special counsel for the estate pursuant to 11 U.S.C.S. § 327(a). The debtor objected to the employment.
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Court
:
In re Seven Counties Servs.
Jul
15
2013
Ruling
Nunc pro tunc employment of public relations firm approved as work did not fall under bankruptcy code.
Procedural posture
A chapter 11 debtor-in-possession filed a motion for nunc pro tunc authority to employ and compensate a public relations firm pursuant to 11 U.S.C.S. § 1108 and to issue payment for reimbursable expenses incurred pre-petition. Both the Kentucky Employers Retirement Systems (KERS) and Kentucky Retirement Systems (KRS) objected, arguing that 11 U.S.C.S. § 327 applied and that the firm could not be employed because it was not a disinterested person.
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Court
:
- 11 U.S.C.
In re Augusta Apts. LLC
Jul
03
2013
Ruling
Nunc pro tunc approval of employment of law firm denied.
Procedural posture
Counsel sought retroactive approval under 11 U.S.C.S. § 327 of his employment by the debtor and approval under 11 U.S.C.S. § 329 of $24,000 in fees for legal services rendered on behalf of the debtor. The United States Trustee (UST) objected to the fee application as untimely.
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Court
: